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(영문) 대구지방법원 2020.10.13 2020고정1009

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 13:29 on January 31, 2020, the injured party B, at the Central Square of the Building C, D was the problem of parking the otobb in the Central Square of the above Central Square, and was flatd twice by hand, flatd D’s flat, flatd D’s leg, flatd D’s leg, flatd D’s leg, flatd D’s left shoulder, flatd D’s left shoulder with its right belf, and flatd D’s flat.

As above, when D was assaulted by the victim, the Defendant her her son and her son and her son her son her her her her her her her her her her, and her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of the police as to B;

1. The Defendant asserts to the effect that the act constitutes self-defense inasmuch as he/she committed a defensive act in the process of speaking the victim and D fighting, although there was the same act as stated in the facts stated in the judgment. However, in light of the developments, method, process, degree, circumstances before and after the crime, etc. of this case revealed by each of the above evidence duly adopted and investigated by the court, the Defendant’s act was committed beyond passive defensive act and also included in the intent of attack, and thus, it cannot be deemed as a self-defense. Accordingly, the Defendant’s assertion cannot be viewed as a self-defense. Accordingly, the Defendant’s assertion is rejected.)

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The sentencing of Article 59(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is based on the suspended sentence.